Car Insurance want me to sue. Should I?

tony_Sin

I have fully comprehensive car insurance with LV. It has no claims guarantee protection.
A while ago I was involved in an accident and LV consider that I am not at fault. My car has been repaired and that, I thought, was the end of the matter. It turns that they have been unable to claim the money back and so want me to make a claim through the small claims court using a solicitors that they have appointed to recover the cost of repairs (about £1,000). This seems a bit odd as I am not out of pocket at all. The claim says that the value of my car has been reduced by the value of the repairs which also seems odd.
What do you think? Should I go ahead as requested or refuse? Could I be accused of making a fraudulent claim if I do ahead?

Carrot007

Well you either claim or it gets changed to an at fault claim. Your choice really.

EdGasketTheSecond

Shouldn't the insurance do the sueing?

tony_Sin

Carrot007 wrote: »

Well you either claim or it gets changed to an at fault claim. Your choice really.

Even though they have said it isn't my fault?

Quentin

You have little choice


They will be making the claim in your name, but the insurer will be dealing with it (through their legal team)


You will have agreed to them recovering money from third parties by issuing court claims in your name when taking out the policy - see policy wording!

tony_Sin

EdGasketTheSecond wrote: »

Shouldn't the insurance do the sueing?

Yes Ed that was my thought

MovingForwards

The insurance company are out of pocket.
The insurance company were not involved in the accident and therefore cannot have court proceedings issued in their name.
The insurance company want to recover their outlay (vehicle repairs).
The insurance company will instruct solicitors to act on your behalf to issue a subrograted claim against the third party in your name.
You will automatically have a token amount for telephone /postal costs which you have incurred as a result of the accident.
Token figure claimed is about £25 and not guaranteed unless you can support it (copies of phone bills/proof of purchase of stamps).
Letter before action is prepared, you will receive a copy of the claim form, t&cs of solicitors.
Approve it all and return forms to solicitors.
If third party dont pay solicitors forward papers to court.
Court issue papers.
Third party receives them.
Phones your solicitors, swears a bit and says it's nothing to do with them, they have told insurance company, go after them...etc etc
Third party insurance company either settle it or instruct solicitors to defend it.
If defended defence is filed and you receive a copy of it.
Court want allocation questionnaire filed.
Your solicitor asks for dates you cant attend court and submits them to court with the AQ.
Solicitors speak to you to obtain a statement to confirm how the accident occurred and the damage to your car.
Court list it for a hearing.
Your solicitors pay hearing fee.
Statements/supporting documents get exchanged between solicitors and yours should sent you a copy.
Hearing date, small claims hearing, informal where a judge (in a suit) listens and makes a decision.
Issues his judgment to say how much is awarded (if anything) and it's back to the solicitors to get payment from third party insurer (if awarded) and you just carry on with your life. If judge awarded anything for phone calls you just wait for the cheque for your token payment.

Wouldnt bother with a claim for diminution of value of your car as that will not be funded by your insurance company to pursue it should the judge reject it, involves getting engineer reports to prove it, work out how much your car has been devalued etc.

All insurance t&cs will reference you assisting them to recover their losses.

Thought I would give the complete picture.

tony_Sin

MovingForwards wrote: »

The insurance company are out of pocket.
The insurance company were not involved in the accident and therefore cannot have court proceedings issued in their name.
The insurance company want to recover their outlay (vehicle repairs).
The insurance company will instruct solicitors to act on your behalf to issue a subrograted claim against the third party in your name.
You will automatically have a token amount for telephone /postal costs which you have incurred as a result of the accident.
Token figure claimed is about £25 and not guaranteed unless you can support it (copies of phone bills/proof of purchase of stamps).
Letter before action is prepared, you will receive a copy of the claim form, t&cs of solicitors.
Approve it all and return forms to solicitors.
If third party dont pay solicitors forward papers to court.
Court issue papers.
Third party receives them.
Phones your solicitors, swears a bit and says it's nothing to do with them, they have told insurance company, go after them...etc etc
Third party insurance company either settle it or instruct solicitors to defend it.
If defended defence is filed and you receive a copy of it.
Court want allocation questionnaire filed.
Your solicitor asks for dates you cant attend court and submits them to court with the AQ.
Solicitors speak to you to obtain a statement to confirm how the accident occurred and the damage to your car.
Court list it for a hearing.
Your solicitors pay hearing fee.
Statements/supporting documents get exchanged between solicitors and yours should sent you a copy.
Hearing date, small claims hearing, informal where a judge (in a suit) listens and makes a decision.
Issues his judgment to say how much is awarded (if anything) and it's back to the solicitors to get payment from third party insurer (if awarded) and you just carry on with your life. If judge awarded anything for phone calls you just wait for the cheque for your token payment.

Wouldnt bother with a claim for diminution of value of your car as that will not be funded by your insurance company to pursue it should the judge reject it, involves getting engineer reports to prove it, work out how much your car has been devalued etc.

All insurance t&cs will reference you assisting them to recover their losses.

Thought I would give the complete picture.

That's fantastic and put my mind rest. very many thanks. And yes, this is buried away in one of the documents "take proceedings, in your name or in the name of any other person claiming under this insurance, at our own expense and for our own benefit to recover any payment we
have made."

molerat

My son sued a third party after an accident. The first he knew of it was when I told him his name was on the roll to appear in court next week. He was not called and heard nothing about it.

Zorillo

tony_Sin wrote: »

That's fantastic and put my mind rest. very many thanks. And yes, this is buried away in one of the documents "take proceedings, in your name or in the name of any other person claiming under this insurance, at our own expense and for our own benefit to recover any payment we
have made."

The technical term is 'subrogation' and it's one of the basic principles of car insurance.

These things should be taught in schools. Or at least by driving instructors.

MovingForwards

Slight typo so here is corrected bit (still makes no difference but want it acurate)


Wouldnt bother with a claim for diminution of value of your car as that will not be funded by your insurance company to pursue it should the tpi reject it, involves getting engineer reports to prove it, work out how much your car has been devalued etc.